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(영문) 의정부지방법원 2018.05.29 2018고단477
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 28, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a crime of violating road traffic laws at the Jung-gu District Court on July 28, 2014, and on March 30, 2015, the same court issued a summary order of KRW 5 million with a fine of KRW 5 million for a crime of violating road traffic laws.

[2] On November 19, 2017, the Defendant driven BM5 car under the influence of alcohol level of about 4.1km from the section of approximately 4.1km to the front road of the Jinyang-si, Jinyang-si, Namyang-si, the Namyang-si, the 603 chickens, from the front day of the wing to the front day of the year in the Jinyang-si, Jinyang-si, the Defendant driven BM5 car under the influence of alcohol level of about 0.101%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Detection photographs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act for community service and attending lectures are two times the accused, and one time among them is not a simple drinking driving, but a traffic accident due to drinking, and the accused was discovered to be locked after stopping at the intersection at the time of driving of the instant drinking, and the risk of drinking driving was relatively high in light of such circumstances.

The punishment shall be determined in consideration of the fact that there are no criminal records of the same kind or more in the suspension of execution, and reflects.

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